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subcontractor shall be entitled to request an opportunity to be heard by the agency. When such notice is received from the Executive Vice Chairman, a request for an opportunity to be heard may be made to the Committee. The letter to the Executive Vice Chairman or the head of the agency, or his authorized representative, as the case may be, may include a request for a written statement specifying charges in reasonable detail. The request for an opportunity to be heard shall be made within ten days from the date of receipt of notice of the proposed determination. If at the end of such ten day period, no request has been received, the Executive Vice Chairman or the head of the agency, or his authorized representative, may assume that an opportunity to be heard is not desired, and the Executive Vice Chairman may enter an order declaring such contractor or subcontractor ineligible for further contracts, or extensions or other modifications of existing contracts, until such contractor or subcontractor shall have satisfied the Committee that he has established and will carry out personnel and employment policies in compliance with the provisions of the Orders.
(3) Hearing, time and place. Upon receipt of a request for an opportunity to be heard, the Executive Vice Chairman or the head of the agency, or his authorized representative, shall arrange a timely hearing. The hearing shall be conducted by the head of the agency or his authorized representative or by a panel of the Committee consisting of not less than three members thereof appointed by the Chairman or Vice Chairman of the Committee. When the hearing is conducted by an agency, no decision by the head of the agency, or his authorized representative, shall be final without the prior approval of a panel of the Committee. 8 60–1.28 Opportunity to achieve com.
pliance before referrals to the Department of Justice or contract ter
mination. No case shall be referred to the Department of Justice under section 312(b) of the Order and no contract shall be terminated in whole or in part under section 312(d) of the Order until the expiration of at least ten days from the mailing of notice of such proposed referral or contract termination to the contractor or subcontractor involved, af
fording him an opportunity to comply with the provisions of the Orders. Reasonable efforts to persuade the contractor or subcontractor to comply with the provisions of the Orders and to take such corrective action as may be appropriate shall be made during this period. 8 60–1.29 Contract ineligibility list.
The Executive Vice Chairman shall distribute periodically a list to all executive departments and agencies giving the names of contractors and subcontractors who have been declared ineligible under these regulations and the Orders. The Executive Vice Chairman may also publish such a list together with a list of those contractors for subcontractors who may have reestablished their eligibility in such form and in such places as he may deem appropriate. $ 60-1.30 Notification of Comptroller
General in cases of contract ineligi.
bility or contract termination. Whenever a contract or subcontract is terminated or whenever a contractor or subcontractor is declared ineligible from receiving further contracts or subcontracts because of noncompliance with the equal opportunity clause, the Executive Vice Chairman shall notify the Comptroller General of the United States. § 60–1.31 Reinstatement of ineligible
contractors and subcontractors. Any contractor or subcontractor declared ineligible for further contracts or subcontracts under the Orders may request reinstatement in a letter directed to the Executive Vice Chairman.
In connection with the reinstatement proceeding, the contractor or subcontractor shall be required to show that it has now complied with the Orders or that it has a program of compliance acceptable to the Executive Vice Chairman.
Subpart C—Certificates of Merit $ 60–1.40 By the Committee on its own
initiative. The Committee acting through the Chairman or Vice Chairman may award United States Government Certificates of Merit to employers or employee organizations which are or may hereafter be engaged in work under contracts, if the Committee is satisfied that the per
sonnel and employment practices of the clearly states that all employers in the employer, or that the personnel, train- group assure all qualified applicants ing, apprenticeship, membership, griev- equal consideration for employment ance and representation, upgrading, and without regard to race, creed, color, or other practices and policies of the em- national origin; ployee organization conform to the pur- (d) Uses single advertisement in which poses and provisions of the Order. appears in clearly distinguishable type $ 60–1.41 By the Executive Vice Chair.
the phrase "an equal opportunity em
ployer." man upon agency recommendation. The Committee, acting through the
$ 60-1.61 Access to records of employ.
ment. Executive Vice Chairman, may award a United States Government Certificate of Each contractor and subcontractor Merit upon the recommendation of an shall permit access during normal busiagency. The recommendation should ness hours to his books, records, and acinclude a statement in sufficient detail counts pertinent to compliance with the to inform the Executive Vice Chairman Orders, and all rules and regulations of the basis for the proposed award. promulgated pursuant thereto, by the
agency, the Committee, the Executive $ 60-1.43 Suspension or revocation.
Vice Chairman, and the Secretary of
Labor for purposes of investigation to The Committee acting through the
ascertain compliance with the Orders and Chairman or Vice Chairman may at any
the rules, regulations, and relevant ortime review the continued entitlement ders of the Committee. Information obof any employer or employee organiza- tained in this manner shall be used only tion to a United States Government
in connection with the administration of Certificate of Merit, and may suspend the Orders. or revoke in the public interest the Certificate if the holder thereof, in the
$ 60-1.62 Rulings and interpretations. judgment of the Executive Vice Chair- The Executive Vice Chairman shall man, is no longer in compliance with the
have authority to issue rulings and inprovisions of the regulations and those terpretations regarding the contracts of the Order. The Executive Vice Chair- portion of the Orders and the regulations man shall notify all agencies of such contained in this part. The rulings and suspension or revocation of the Certifi- interpretations of the Executive Vice cate of Merit.
Chairman, unless and until modified or
revoked, shall be authoritative. Subpart D-Ancillary Matters
§ 60–1.63 Reports to the Committee. $ 60–1.60 Solicitations or advertise- The Executive Vice Chairman shall ments for employees.
make periodic reports to the Committee In solicitations or advertisements for
and such other reports as may be reemployees placed by or on behalf of a quested by the Chairman or Vice Chair. contractor or subcontractor, the require- man of the Committee. ments of paragraph (2) of the equal opportunity clause shall be satisfied whenever the contractor or subcontractor
§ 60-1.64 Existing contracts and subcomplies with any of the following:
contracts. (a) States expressly in the solicita- All Government contracts and subtions or advertising that all qualified contracts in effect prior to April 5, 1961, applicants will receive consideration for which are not subsequently modified employment without regard to race, shall be administered in accordance with creed, color, or national origin;
the nondiscrimination provisions of any (b) Uses display or other advertising, prior applicable Executive Orders. Any and the advertising includes an appro- Government contract or subcontract priate insignia prescribed by the Com- modified on or after April 5, 1961, but mittee. The use of the insignia is con- before June 22, 1963, shall be subject to sidered subject to the provisions of 18 Executive Order 10925. Any GovernU.S.C. 701;
ment contract or subcontract modified (c) Uses a single advertisement, and on or after June 22, 1963, shall be subject the advertisement is grouped with other to the Order, and shall include as part of advertisements under a caption which such modification the equal opportunity clause contained in Part II of Executive Order 11114. All federally assisted construction contracts in effect prior to July 22, 1963, which are not subsequently modified shall be administered in accordance with the provisions of any prior applicable agency regulations or instructions. Any federally assisted construction contract or subcontract modified on or after July 22, 1963, shall be subject to Executive Order 11114. Complaints received by, and violations coming to the attention of agencies regarding contracts and subcontracts not subject to either Executive Order 10925 or 11114 shall be reported to the Executive Vice Chairman. The agency shall, upon its own initiative or upon the request of the Executive Vice Chairmar., investigate such complaints or alleged violations and take such other action as may be appropriate.
PART 60_80_INTERPRETATIONS mined in so far as apprenticeship pro
grams are concerned on the basis of the Sec.
standards contained in the regulations 60-80.1 Section 301 of Executive Order 10925.
of the Secretary of Labor on nondiscrim60-80.2 Apprenticeship programs.
ination in apprenticeship and training,
29 CFR, Part 30, $$ 30.2–30.9, 30.15. For $ 60–80.1 Section 301 of Executive
purposes of determining contractor comOrder 10925.
pliance, these standards apply to any
apprentice program which includes apThe President's Committee on Equal
prentices employed by a government Employment Opportunity interprets the
contractor or federally assisted construcrequirements of contract provision (2) of
tion contractor during the performance section 301 of Executive Order 10925 of
of a Federal Government contract or March 6, 1961 (26 F.R. 1977), relating to
federally assisted construction contract. solicitations or advertisements for em
The standards apply regardless of ployees on public contracts as being sat
whether the program in which the apisfied whenever the contractor or sub
prentices are indentured is registered contractor does any of the following:
directly with the Bureau of Apprentice(a) States expressly in the solicita
ship and Training. tions or advertising that all qualified
(b) The staff of the Bureau of Apapplicants will receive consideration for
prenticeship and Training of the United employment without regard to race,
States Department of Labor is available creed, color, or national origin;
to advise and assist contracting or ad(b) Uses display advertising, and the
ministering agencies on all compliance advertising includes an appropriate in
questions arising under this section. signia prescribed by the Committee. The
(c) In determining questions of comuse of the insignia is considered subject
pliance, or of an alleged denial of equal to the provisions of 18 U.S.C. 701.
employment opportunity in apprentice(c) Uses a single advertisement, and
ship, if the apprenticeship program inthe advertisement is grouped with other
volved is registered with a State Apprenadvertisements under a caption which
ticeship Council under an equal opporclearly states that all employers in the
tunity program that has been found by group assure all qualified applicants
the Administrator of the Bureau of Apequal consideration for employment
prenticeship and Training of the United without regard to race, creed, color, or
States Department of Labor to be consistnational origin.
ent with 29 CFR, Part 30, the contract(d) Uses single advertisement in
ing agency shall seek the advice and which appears in clearly distinguishable
cooperation of the appropriate State type the phrase "an equal opportunity employer."
agency or agencies charged with the re
sponsibility of investigating or adjudi. (Sec. 306, E.O. 10925, 26 F.R. 1977) [26 F.R.
cating claims of discrimination in ap5623, June 23, 1961)
prenticeship in connection with any de$ 60–80.2 Apprenticeship programs.
termination as to whether or not the
contractor concerned is in compliance, (a) The compliance of government or whether or not there has been a denial contractors and federally assisted con- of equal employment opportunity. struction contractors with Executive
(E.O. 10925, 26 F.R. 1977; E.O. 11114, 28 F.R. Orders 10925 and 11114 will be deter- 6485) (29 F.R. 9658, July 17, 1964)
In addition to the following finding aids a subject index to the entire Code of Federal Regulations is published separately and revised annually.
List of Current CFR Volumes